ILW1501 EXAM PACK

2015 MAY/JUNE 2015 OCT/NOV 2014 MAY/JUNE 2014 OCT/NOV 2013 MAY/JUNE 2013 OCT/NOV ILW1501 EXAM PACK Contents 2 MAY / JUNE 2015 SECTION A QUESTION 1 (a) 1. The law are norm which apply to the whole community regards as binding and must be obey as well as community mores are norms which apply to the community or group within that community. 2. The sanction for non- compliance with the law will result in prosecution, punishment or payment of a fine whereas the sanction for non-compliance with community mores is rejection or discrimination by other member of the community. 3. The law is enforced by the State whilst community mores are enforced by the community. b) Formal Justice Substantive Justice Deals with the procedures that must be followed in legal proceedings (rules, conduct, evidence) Basic requirements that must be met for formal justice to be achieved: There must be explicit rules laid down to show how people must be treated in specific cases The rules must apply generally (all people in the group under the same circumstances) The rules must be applied impartially by a legal institution (judge may not be biased) c) Real rights (object : a thing) Personality rights (object : personality property) Intellectual property or immaterial property (object : a non-tangible creation of the human mind. Personal rights (object : performance) Concerns the content of the rule and not the way in which it is applied. Here the content of the rule is looked at to determine whether it is just and fair. Examples: The apartheid rules were specific, applied to all and were applied impartially – however, the content of the rules were unjust and therefore justice was not served 3 d) South Africa belongs to the hybrid legal family in the sense that various components or legal systems played a role in the development its legal systems. South African law is classified as a hybrid legal system because various components or legal systems played a role in its development. Roman-Dutch law (which forms part of the civil law legal family), English law (which forms part of the common-law legal family) and African indigenous law (which forms part of the indigenous family) all played a role. Question 2 (a)(i) The main division is Private law which deals with the relationship between individuals and other individuals. In the given set of facts only individuals are involved that is parents and their children. (ii) Law of Patrimony: Law of Patrimony is concerned with a person and their means, in other words things people own that can be given a value in money. (iii) Law of succession. The law of succession is concerned with who inherits from a person who dies, in other words who receives the property of the deceased. (iv) The further subdivision applicable is interstate succession in the sense that If there is no will, the deceased's property will be given away in accordance with the rules of what is called ``intestate succession''. These rules also come into operation when someone has not left a valid will. In the given set of facts Carl and Charlotte did not leave a will so the property will be dealt with in accordance to the intestate succssesion. b) It means that the lower courts are bound by the decisions of the higher (superior) courts. There are two requirements for the operation of the precedent system: (1) an effective system of law reporting (to enable the lower-ranking courts to see what the higherranking courts have held) (2) a hierarchy of courts (in other words, the courts are divided into ranks, each court being bound by the decisions of the courts above it) In South African law both these requirements are complied with. Question 3 a) Supremacy of the Constitution Bill of Rights Separation of powers Structure of the Judiciary Institutions